AVICON AVIATION CONSULTANTS
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AVICON AVIATION CONSULTANTS  AVICON AVIATION CONSULTANTS Document Transcript

  • AVICON AVIATION CONSULTANTS 12 BUSINESS LAW “Partnership Act 1932” Saad Hasan Niazi (22667) Riaz Ahmed Khamboo (22660) Kamran Haider (22570)
  • 2 | P a g e Table of Contents Serial No. Titles Page No 01 Letter of Authorization 03 02 Letter of Acceptance 04 03 Letter of Transmittal 05 04 Abstract 06 05 Executive Summary 07 06 Proposal for Report 08 07 Introduction of a Project 09 08 Case Study 12 09 Introduction of a Topic 15 10 Conclusion 34 11 Recommendation 34 12 Bibliography 35
  • 3 | P a g e LETTER OF AUTHORIZATION Bahria University Institute of Management &Computer Sciences 13 National Stadium Road Karachi-75260 TEL:9240002-6 FAX: 9240351 Mr. Hasnain Relation Manager AVICON AVIATION CONSULTANT AGENCY Karachi 12th Dec 2012 Subject: ASSIGNMENT REPORT Dear Sir, Bahria Institute of Management & Computer Science (BIMCS) is conducting a Full-time BBA program. The students of BBA-5th Semester are required to submit a report on different topics. For this purpose, the following students need to gain information. • Kamran Haider • Saad Hasan Niazi • Riaz Ahmed Khamboo They require your cooperation for marking the report which is to be submitted in the last week of last week of Dec 2012. Thanking you in anticipation and we will be looking forward towards your kind cooperation. Yours Sincerely Miss. Sehrish SRC Department
  • 4 | P a g e LETTER OF ACCEPTANCE The Director Bahria Institute of Computers And Management Sciences Karachi Campus. Date: Dec-12th 2012 Dear Sir, This is with reference to your dated 12 dec, 2012 regarding arranging the information for the report purpose of your university students. We are pleased to confirm our fully cooperation with the students and we will try to provide available information to them. We have given a copy of Partnership deed, to the students in which all information are available that could be needed during the course of report. With best regards, Yours truly, Mr. Hasnian Relation Manager AVICON AVIATION CONSULTANT AGENCY Karachi
  • 5 | P a g e LETTER OF TRANSMITTAL 12th Dec, 2012 Professor Qamar Abbas Zaidi Bahria University Karachi Dear Sir, We would like to take the pleasure of presenting the final report of our course “Corporate Law”. The report is entitled “Partnership Act 1932”. The purpose of the report is to inform you about the essentials and characteristics under which partnership is formed. The report has been prepared after formal discussion with the relation manager of the organization. We shall look forward to meet the challenges of the report and we shall make every attempt to fulfill your expectations. We are grateful to your Sir for helping us throughout this report and we would also like to thank all the other members of our class from whom we inspired ideas. If you have any questions concerning our report and paper please feel free to contract us. Thank you Yours truly, Kamran Haider (22570) Saad Hasan Naizi (22667) Riaz Ahmed Khamboo (22660)
  • 6 | P a g e ABSTRACT The primary role of international airports is to serve the general public with scheduled and charter services, typically provided by airlines. Of secondary importance is their task to provide direct air transport access to the regional industry and to firms who operate their own fleets. Jinnah Airport is a major international airport in Pakistan with about 100 Thousand air transport movements (ATMs) in 2007; about 15 Thousand ATMs belonged to business aviation segment. Due to the complexity of slot allocation procedures and growing runway capacity problems at many international airports, business aviation has a growing problem at these airports to realize the demand for flights. However, neighboring regional airports could play a complementary role and take over this traffic segment. Therefore, the objective of the paper is to describe and quantify the distribution of the growing business aviation between airports and show potential solutions and further avenues of how to accommodate business aviation at both major and near-by secondary airports. Analysis is supported by means of a new business aviation airport choice model based on a log it approach. This model differs significantly from other airport choice models for regular and tourism traffic in terms of the decision-relevant parameters: Factors such as accessibility of the airport, efficient passenger handling and the length of the runway of secondary airports play an important role, whereas price-related variables are less important to travelers of the business aviation segment. The model enables to develop promising strategies for secondary airports taking over a growing share of the business aviation segment in the case of a neighboring international airport which suffers from congestion, thereby enhancing the overall level of service in consequence of airport cooperation.
  • 7 | P a g e EXCECUTIVE SUMMARY Avicon Aviation Consultants Agency (AAC) is a partnership firm formed on 18th July, 1995. Were instructed by (IAAC) to carry out a full aviation assessment for a proposed turbine development at Karachi whose partners are: • Mr. Syed Wahabuddin S/o Mr. Syed Intizaruddin • Mr. Syed Wajih-ul-Wahab S/o Mr. Syed Wahabuddin • Mrs. Kehkashan Wahabuddin W/o Mr. Syed Wahabuddin • Ms. Maria Wahab D/o Mr. Syed Wahabuddin The partnership was formed in accordance to Partnership Act 1932, and it is decided that all partners shall share profit and loss of the firm in equal ratio. beside technical services to air palns firm also provide services based on the radars and visibility of the turbine and there are implications for the High Moorsley Met radar, the main issue of concern is the impact of the turbine on the operations at Karachi international Airport (KIA) and the reaction of the airport operator; it is imperative that they are consulted about the proposed development at the right moment. IIAC is being inundated with applications and the parent company, Peel Airports Ltd, is objecting to any that are in line of sight of the radar. There is one mitigation option that may resolve the problem at the airport; Karachi international airport (KIA) is currently testing the Throughput solution and a production model is due to be installed later this year subject to final contract sign off. This could provide the technical resolution to this and other turbine developments in the area. If you are prepared to pay for the turbine to be added to the Throughput mitigation solution, this site is likely to be successful, (subject to confirmation that the Met Office will not object) but, without any offer of mitigation, it will just be added to the list of sites that Karachi international airport (KIA) are objecting to in this area.
  • 8 | P a g e PROPOSAL FOR REPORT TOPIC OF REPORT: The Topic which is assigned to your group for report writing is “PARTNERSHIP ACT 1932”. REFERENCE PERSON: The managing Relation Manager of AVICON AVIATION CONSULTANT AGENCY Mr. Hasnain has decided to help is in conducting our survey and providing us sufficient information about our report. THE PROPOSAL: The main aim of our report is to determine the rules, regulation, and legal consideration and terms, under which partnership firm has been formed. And what are the relationship between the persons who have agreed to share the profit and loss (IF ANY) of business carried by all or any of them acting for all. In this purpose the firm that we have selected is “AVICON AVIATION CONSULTANT AGENCY” and we will meet Mr. HASNAIN (RELATION MANAGER). We will be very grateful to you if you accept the proposal and allow us to conduct our research and complete the report. Yours Sincerely MR. KAMRAN HAIDER (22570) MR. SAAD HASAN NIAZI (22667) MR. RIAZ AHMED KHAMBOO (22660)
  • 9 | P a g e INTRODUCTION OF THE PROJECT The company that we have selected is "Avicon aviation consultant agency” Established in 1995, the company has solid experience of servicing individual and specialized clients’ needs in a challenging environment like Pakistan. The services it offers are unparalleled in terms of the quality of work done as well as the variety of work offered. They work as representatives to a number of airlines, operating regular and charter services. Avicon is one of the fastest growing aviation company in the region. It is a one- window operation that allows its clients multifaceted services of an international standard - regardless of destination or base of operations. The unique services that the company provides can be summarized as follows • Aircraft Management • Aircraft Leasing • Airline Financials • Airport Marketing • Business Plans • Charters • Fuel • Handling • Permits
  • 10 | P a g e What We Offer: Avicon offers peace of mind to its clients by offering such a range of services that makes other options look unattractive. The rationale behind this variety of services is to give the client the best value for his investment. The aviation industry in the country is one where competition and regulation are both major issues. An aviation operator can do good business here provided his fundamentals are in order and his operations are based on sound on ground knowledge and correct business practices. This is a hard business environment but very rewarding too. This is where we come in. The main features offered by the company to its clients are experience, expertise, networking and contacts in the aviation sector in Pakistan. With this backing, clients can concentrate on their own operations instead of worrying about these issues. It may be pointed out that there have been many entrants into the aviation sector which have not been able to make their mark because while they have the right product to offer, they have been entangled in the smaller issues that need to be sorted out on a continuing basis while doing business in any challenging environment. This is where Avicon makes its presence felt. We offer our services, our expertise and our experience in such diverse areas as regulatory services to a complete air charter, aircraft leasing - which itself is a field of its own to ground handling. We are able to work out and offer assistance in supply of jet fuel, in maintenance. The Right Solutions We are able to assist and advise in providing the right solution to airlines - starting from something as complicated as aircraft procurement of suitable aircraft for efficient and economical operation keeping in view geographical and technical factors as well as ease of operations and availability of ground support. Planning, Financial Operations and Much More But that is just the beginning. Our work covers areas like assistance in planning, financial operations and even marketing. We provide financial viability reviews, fleet planning and determination of aircraft availability. We review operating and financial lease options. We make strategic market assessments, conduct market research, and work on airport and aircraft marketing and management issues. We do your homework on ground. We make sure you have the right idea about the environment so that the basic information on which you base your business decisions is accurate. We also work on reviews of operational requirements; do risk assessments, conduct operational audits. This leads to our recommendation and implementation of a strategy to implement correct measures to reduce both costs and risks. Such work is specialized and requires an in-depth knowledge of the local market, the players here and the conditions in which one has to operate.
  • 11 | P a g e Regulatory & Administrative Matters We offer assistance in the one of the most important areas of aviation: regulatory and administrative matters including operating rights and international bilateral issues and permits involving local Civil Aviation Authorities. We are able to get you in touch with the relevant local authorities throughout representative network. This means that even at the planning stages as well as during flight operations, we are able to assist and forward your projects and proposals in different environments. You’re Link in Pakistan Whenever possible flights are routed through Pakistan, we ensure that local organizations are benefited in terms of revenue of over flight or landing fees, ground handling charges, fuel uplift and hotel accommodations. We go out of the way to keep patrons happy and make their experience in Pakistan memorable. Remember Us We are one of the fastest growing aviation companies in the region and are dedicated to civil air transportation. We work as representatives to a number of airlines, operating regular and charter services. Among our work force, we count on efficient sub-contractors in five continents, all of them capable of handling any and all situations. The agency is situated at P.E.C.H.S., 105 Amber Pride, 13A, Block 6, Karachi - 75400, Pakistan.
  • 12 | P a g e CASE STUDY The reference of our project is "Avicon aviation consultant agency”. This is a partnership firm which has following partners. NAMES OF THE PARTNERS • Mr. Syed Wahabuddin S/o Mr. Syed Intizaruddin • Mr. Syed Wajih-ul-Wahab S/o Mr. Syed Wahabuddin • Mrs. Kehkashan Wahabuddin W/o Mr. Syed Wahabuddin • Ms. Maria Wahab D/o Mr. Syed Wahabuddin Our project is to know the legal constraints under which this partnership firm has been established and the profit, loss sharing ratio and mutual relationship among partners.
  • 13 | P a g e CLAUSE OF PARTNERSHIP DEED According to the partnership deed the persons agreed on the points mentioned under • The business will be commenced form 18th July,1995 • That the business shall be deal in Manu faction the parts of airplanes. • Capital contribution by each partner and the profit and loss shared by each partner in the following rations. • Mr. Syed Wahabuddin 25% • Mr. Syed Wajih-ul-Wahab 25% • Mrs. Kehkashan Wahabuddin 25% • Ms. Maria Wahab 25% • Annual A/c of the partnership business will closed at the end of every financial year. • Bank A/c will be opened on the name of firm and any of the partners jointly or singly or any authorized person can operate the A/c. • The Duration of the partnership and firm shall be “AT WILL”. • The death or retirements of ant of the party shall not ipso facto have the effect of dissolution of the partnership unless otherwise mutually decided by the partners or their nominee/ legal heir. • Any matter not provided in this indenture shall be governed by the partnership Act, 1932 and the amendments made therein form time to time.
  • 14 | P a g e REGISTRATION OF THE FIRM Once the deed has made and signed by the mutual consent of all the parties, the registration of the firm shall be made by the registration. For the purpose the application is submitted to the registration in accordance to Partnership Act 1932. Along with applications following documents has been submitted. • Allocated form “A”. • Registration for of Rs. 110/= paid with challan no 10. Dated 13 July, 2012 • Non-Refundable stamp paper of Rs. 20/= • Signed and attracted copy of Partnership Deed. • Photo copy of NIC of Partners. CONNENCEMENT OF BUSINESS After all the legalities and going through required procedure Avicon aviation consultant agency begins their business as a partnership firm from 18th July, 1995 Their business was going smooth but soon they face a need to make amendment in the existing deed.
  • 15 | P a g e INTRODUCTION OF THE TOPIC PARTNERSHIP ACT. Partnership remains a common mode of business enterprise in Pakistan for small to medium business set-ups. Partnerships are normally formed where there is a desire to have some structural flexibility along with some formality of relationship between partners. There is no compulsory requirement for registration of a partnership in Pakistan. Nonetheless some litigation and tax related consequences and advantages are linked to a registered partnership. Legal regime for establishment and regulation of partnerships in Pakistan is stated in the Partnership Act, 1932 which defines a partnership in the following terms According to partnership act 1932, sec4 "As the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. CHARACTERISTICS The main characteristics of partnership may be narrated as under: 1. Agreement: Agreement is necessary for partnership. Partnership agreement may be written or oral. It is better that the agreement is in written form to settle the disputes. 2. Audit: If partnership is not registered, it has no legal entity. So there is no restriction for the audit of accounts. 3. Agent: In partnership every partner acts as an agent of another partner. 4. Business: Partnership is a business unit and a business is always for profit. It must not include club or charitable trusts, set up for welfare. 5. Cooperation: In partnership mutual cooperation and mutual confidence is an important factor. Partnership cannot take place with cooperation. 6. Dissolution Partnership:
  • 16 | P a g e is a temporary form of business. It is dissolved if a partner leaves, dies or declared bankrupt. 7. Legal Entity: If partnership is not registered, it has no legal entity. Moreover, partnership has no separate legal entity from its members and vice versa. 8. Management: In partnership all the partners can take part or participate in the activities of business management. Sometimes, only a few persons are allowed to manage the business affairs. 9. Number of Partners: In partnership there should be at least two partners. But in ordinary business the partners must not exceed 20 and in case of banking business it should not exceed 10. 10. Object: Only that business is considered as partnership, which is established to earn profit. 11. Partnership Act: In Pakistan, all partnership businesses are running under Partnership Act, 1932. 12. Payment of Tax: In partnership, every partner pays the tax on his share of profit, personally or individually. 13. Profit and Loss Distribution: The distribution of profit and loss among the partners is done according to their agreement. 14. Registration: Many problems are created in case of unregistered firm. So, to avoid these problems partnership firm must be registered. 15. Relationship: Partnership business can be carried on by all partners or any of them can do the business for all. 16. Share in Capital: According to the agreement, every partner contributes his share of capital. Some partners provide only skills and ability to become a partner of business and earn profit.
  • 17 | P a g e 17. Transfer of Rights: In partnership no partner can transfer his shares or rights to another person, without the consent of all partners. 18. Unlimited Liability: In partnership the liability of each partner is unlimited. In case of loss, the private property of the partners is also used up to pay the business debts. ADVANTAGES AND DISADVANTAGES OF PARTNERSHIPADVANTAGES OF PARTNERSHIP: ADVANTAGES OF PARTNERSHIP Following are the advantages of partnership: 1. Simplicity in Formation: This type of business of organization can be formed easily without any complex legal formalities. Two or more persons can start the business at any time. Its registration is also very easy. 2. Simplicity in Dissolution: Partnership Business can be dissolved at any time because of no legal restrictions. Its dissolution is easy as compared to Joint Stock Company. 3. Sufficient Capital: Partnership can collect more capital in the business by the joint efforts of the partners as compared to sole proprietorship. 4. Skilled Workers: As there is sufficient capital so a firm is in a better position to hire the services of qualified and skilled workers. 5. Sense of Responsibility: As there is unlimited liability in case of partnership, so every partner performs his duty honestly. 6. Satisfaction of Partners: In this type of business organization each partner is satisfied with the business because he can take part in the management of the business. 7. Secrecy In partnership:
  • 18 | P a g e it is not compulsory to publish the accounts. So, the business secrecy remains within partners. This factor is very helpful for successful operation of the business. 8. Social Benefit: Two or more partners with their resources can build a strong business. This factor is very helpful in solving social problems like unemployment. 9. Expansion of Business: In this type of business organization, it is very easy to expand business volume by admitting new partners and can borrow money easily. 10. Flexibility: It is flexible business and partners can change their business policies with the mutual consultation at any time. 11. Tax Facility: Every partner pays tax individually. So, a firm is in a better position as compared to Joint Stock Company. 12. Public Factor: Public shows more confidence in partnership as compared to sole proprietorship. If a firm is registered, people feel no risk in creating relations with such business. 13. Prime Credit Standing: The liabilities of partners are unlimited, so the banks and other financial institutions provide them credit easily. 14. Minority Protection: In partnership all policy matters are decided with consent of each partner. This gives protection to minority partners. 15. Moral Promotion: Partnership is the best business for small investors. It promotes moral courage of partners. 16. Distribution of Work: There is distribution of work among the partners according to their ability and experience. This increases the efficiency of a firm. 17. Combined Abilities: Every partner possesses different ability, which helps in running the business effectively, when combined together. 18. Absence of Fraud:
  • 19 | P a g e In partnership each partner can look after the business activities. He can check the accounts. So, there is no risk of fraud. DISADVANTAGES OF PARTNERSHIP: The disadvantages of partnership are enumerated one by one as under: 1. Unlimited Liability: It is the main disadvantage of partnership. It means in case of loss, personal property of the partners can be sold to pay off the firm's debts. 2. Limited Life of Firm: The life of this type of business organization is very limited. It may come to an end if any partner dies or new partner enters into business. 3. Limited Capital: No doubt, in partnership, capital, is greater as compared to sole proprietorship, but it is small as compared to Joint Stock Company. So, a business cannot be expanded on a large scale. 4. Limited Abilities: As financial resources of partnership are limited as compared to Joint Stock Company, so it is not possible to engage the services of higher technical and qualified persons. This causes the failure of business, sooner or later. 5. Limited number of Partners: In partnership, the number of partners is limited, so the resources are also limited. That is why business cannot expand on large scale. 6. Legal Defects: There are no effective rules and regulations to control the partnership activities. So, it cannot handle large-scale production. 7. Lack of Interest: Partners do not take interest in the business activities due to limited share in profit and limited chances of growth of business .8. Lack of Public Confidence: As there is no need by law to publish accounts in partnership, so people lose confidence and avoid dealing and entering into contract with such firm. 9. Lack of Prompt Decision: In partnership all decisions are made by mutual consultation. Sometimes, delay in decisions becomes the cause of loss.
  • 20 | P a g e 10. Lack of Secrecy: In case of misunderstandings and disputes among the partners, business secrets can be revealed. 11. Chances of Dispute among Partners: In partnership there are much chances of dispute among the partners because all the partners are not of equal mind. 12. Expansion Problem: Partnership business may not be expanded due to limited number of partners, limited CapitaLand unlimited liability. 13. Frozen Investment: It is easy to invest money in partnership but very difficult to withdraw it. 14. Risk of Loss: There is a risk of loss due to less qualified and less experienced people. 15. Transfer of Rights: In partnership no partner can transfer his share without the consent of all other partners "PARTNERS" The individuals who comprise a partnership are known as partners. KINDS OF PARTNERS Partners can be classified into different kinds, depending upon their extent of liability, participation in management, share of profits and other facts. 1. Active Partner: A partner who takes active part in the affairs of business and its management is called active partner. He contributes his share in the capital and is liable to pay the obligations of the firm. 2. Secret Partner: A partner who takes active part in the affairs of the business but is unknown to the public as partner is called secret partner. He is liable to the creditors of the firm. 3. Sleeping Partner:
  • 21 | P a g e A partner who only contributes is the capital but does not take part in the management of the business is known as sleeping partner. He is liable to pay the obligations of the firm. 4. Silent Partner: A partner who does not take part in the management of business but is known to the public as partner is called silent partner. He is liable to the creditors of the firm. 5. Senior Partner: A partner who invests a large portion of capital in the business is called senior partner. He has a prominent position in the firm due to his experience, skill, energy, age and other facts. 6. Sub-Partner: A partner in a firm can make an agreement with a stranger to share the profits earned by him from the partnership business. A sub-partner is not liable for any debt and cannot interfere in the business matters. 7. Junior Partner: A person who has a small investment in the firm and has a limited experience of business is called junior partner. 8. Major Partner: A major partner is a person who is over 18 years of age. A person is allowed to make contract when he has attained the age of majority. 9. Minor Partner: A person who is minor cannot enter into a valid contract. However, he can become a partner with the consent of all other partners. A minor can share profits of a business but not the losses. 10. Nominal Partner: A partner who neither contributes in capital nor does he take part in the management of the business but allows he name to be used in the business is known as nominal partner. He is individually and jointly liable for the debts of the firm along with other partners. 11. Deceased Partner: A partner whose life has expired is known as deceased partner. The share of capital and profit of such partner is paid to his legal heirs in lump sum or in installment. 12. Limited Partner: A partner whose liabilities are limited to his share in business is called limited partner. He cannot take active part in the management of the firm.
  • 22 | P a g e 13. Unlimited Partner: A partner whose liabilities are unlimited is known as unlimited partner. He and his personal property both are liable to clear the debts of the firm. 14. Incoming Partner: A person who is newly admitted in the firm with the consent of all the partners is called incoming partner. He is not liable for any act of the firm performed before he became the partner unless he agrees. 15. Retired Partner: A partner who leaves the firm due to certain reasons is known as retired partner or outgoing partner. He is liable to pay all the obligations and debts of the firm incurred before his retirement. 16. Partner for Profits: If a partner is entitled to receive certain share of profits and is not held liable for losses is known as partner in profits only. He is not allowed to take part in the management of the business. 17. Quasi Partner: A person, who was the partner of a firm but has now retired from active participation in business and has left his capital in the business as a loan, receiving interest on it, is known as quasi partner. 18. Partner by Estoppels: A person who holds himself out as a partner of a firm, before a third party or allows other to do so, though he is not a partner of that firm, is called partner by estoppels or holding out partner. He is not entitled to any right like other partners of the firm. He is not entitled to any right like other partners of the firm. He is personally liable to the third party for the credit given to the firm, on the faith of his representation. KINDS OF PARTNERSHIP: There are three kinds of partnership which are described as under: 1. Partnership at will 2. Particular partnership 3. Limited partnership
  • 23 | P a g e PARTNERSHIP AT WILL: If the partnership is formed for an undefined time, it is called partnership at will. Any partner can dissolve it at any time by giving the notice. According to Partnership Act, 1932:"If no provision is made in the agreement regarding the partnership, it is called partnership at will ."Partnership at will may be created under the following circumstances: 1. Indefinite Period If partnership has been formed for an indefinite period, it is called partnership at will. 2. Existence after Completion of Venture If partnership has been formed for a particular venture and after completion such venture it remains continue, it becomes a partnership at will. 3. Existence after Expiry of Period If partnership has been formed for a definite time period, so after the expiry of this period, it becomes partnership at will. PARTICULAR PARTNERSHIP: If the partnership is formed for a particular object of temporary nature, it is called particular partnership. On completion of a particular venture, it comes to an end. Under this no regular business is done. For example, partnership for the construction of a building and partnership for producing a film. LIMITED PARTBNERSHIP: Limited partnership is that in which liabilities of some partners are limited up to the amount of their capitals. In this partnership, there is at least one partner who has unlimited liability. In Pakistan, this type of partnership is not formed. There is a separate partnership act for it. MAIN FEATUTRES: Main features of partnership are: 1. Limited Partner: There is at least one partner who has limited liability. 2. Unlimited Partner: There is at least one partner who has unlimited liability. 3. Number of Partners: There are at least two partners or maximum 20 in an ordinary business and not more than 10in banking business.
  • 24 | P a g e 4. Admission of New Partner: New partners may be admitted in this partnership without the consent of limited partners but with the consent of unlimited partners. 5. Registration: The registration of this partnership is compulsory by law. 6. Transferability of Shares: Limited partner can transfer his shares to any other person with the consent of all other partners. 7. Inspection of Books: Limited partner has a right to inspect the books of accounts. 8. Rights of Suggestions: Limited partner has a right to give suggestions to others who manage the business. 9. Participation in Management: A limited partner cannot take part in the management of the business. 10. Withdrawal of Capital: A limited partner cannot withdraw his capital until he remains in partnership business. 11. Separate Legislation: It is enrolled under the Limited Partnership Act, 1907, instead of Partnership Act, 1932. TERMINATION OF PARTNERSHIP: All forms of partnership under Islamic law may be terminated as: 1. Notice In all the above forms of partnership each partner has a fight to terminate the partnership by giving notice to other partners. 2. Death Partnership is also terminated on the death of a partner. PARTNESHIP AGREEMENT: Partnership deed or agreement is a document in which the relations of partners with one another are clearly written. It is the most important document of partnership, which includes the terms and conditions related to partnership and the
  • 25 | P a g e regulations governing its internal management and organization. It may be oral or written. But it is necessary to have the agreement in writing. DEFINITION: "Partnership deed or agreement is a document which includes the terms and conditions related to the partnership; and regulations governing its internal management and organization." PROVISIONS: Following are the important provisions of partnership deed: 1. Date: Date of starting the business should be written in it. 2. Name of the Business: Name of the firm under which the business is to be conducted should be written in it. 3. Nature of Business: Nature of business to be conducted by the partners should be mentioned. 4. Location of Business: Location of business, i.e. where it is to be operated, should be written in it. 5. List of Partners: List of partners, their names, addresses and other particulars should be mentioned. 6. Duration of partnership: Duration of partnership, whether it is for a definite period of time or indefinite period of time, should be written. 7. Dealing Bank: The name of dealing bank should be written in it. 8. Division of Work: Division of work among the partners, for the management of the firm, should be written clearly in it. 9. Deficiency of Capital: How the deficiency of capital should be covered at the time of insolvency of any partner must be clearly stated.
  • 26 | P a g e 10. Total Capital: Total capital of the firm and share of each partner in the capital should be mentioned in it. 11. Additional Capital: How further capital, if necessary, should be introduced; must be mentioned in it. 12. Amount of Drawings: The amount, which each partner would be allowed to withdraw, in anticipation of profit, should be clearly stated. 13. Amount of Salary: The amount of salaries payable to the partners should be written in it. 14. Amount of Profit: The fixation of the amount of profit payable to any partner, other than the salary, should be mentioned in it. 15. Arbitration: In case of dispute, provisions for arbitration should also be available. 16. Rules of Admission and Retirement: Rules regarding admission and retirement of partners should be clearly written. 17. Period of Accounts: Period, after which final accounts are to be prepared, should be written in it. 18. Rights and Duties of Partners: There should also be the provisions of rights and duties of each partner. 19. Witness: The witness of agreement provisions should be mentioned. 20. Ways of Dissolution: The ways, under which the firm may be dissolved, should also be written in it.
  • 27 | P a g e PARTNERSHIP DEED: Partnership agreement may contain special provisions regarding the rights, duties and liabilities of the partners. But in the absence of such an agreement the rules laid down in the Partnership Act, 1932, are applicable. "Partnership deed or agreement is a document which includes the terms and conditions related to the partnership; and regulations governing its internal management and organization." RIGHTS OF PARTNERS: Section 123 and 13 of Partnership Act, 1932, describe the following rights of the partners. 1. Rights of Participation: Every partner has a right to take part in the conduct of the business. 2. Right of share in Profits: All the partners are entitled to share the profits of the firm equally. 3. Right to Exercise: Power to protect the firm from loss, every partner has a right to use his power. 4. Right of Existence: A partner cannot be expelled by any other partner from the business. Every partner has a right to live in the business. 5. Right of Retirement: Every partner has a right to retire from the firm after serving a notice. 6. Right of Inspection: Every partner has a right to check the accounts of the business. 7. Right of Salary: A partner has a right to demand for the salary, for performing his duties in the management of the business. 8. Indemnify the Expense: A partner has a right to be indemnified by the firm, in respect of any payment made by him in the ordinary course of business, or in an emergency, for the purposes of protecting the firm from loss.
  • 28 | P a g e 9. Issue of Receipt: A partner has a right to collect the debts of the firm and to issue the receipts. 10. Interest on Capital: If a partner makes any advance in addition to the amount of his capital, he will be entitled to receive interest at the rate of 6% per annum. 11. Participation in the Management: A partner has a right to participate in the management of the firm. 12. Right to Use the Property: Every partner has an equal right to use the firm's property exclusively the purpose of partnership. 13. Right to Act as an Agent: Every partner has a right to act as an agent on behalf of the remaining partners. DUTIES OF PARTNERS According to section 9 of Partnership Act, 1932, the general duties of the partners are as follows: "Partners are bound to carry on the business of the firm to the greatest common advantage, to be just and faithful to each other and to render true accounts, and to provide full information about the things affecting the firm, to any other partner or to their legal representatives." 1. Utmost Good Faith: Every partner is bound to give true and full information under the principle of "utmost good faith". All the partners should be just and faithful to one another. 2. Maximum Common Benefit: It is the duty of the partners to work for the maximum common benefit. 3. Maintenance of True Accounts: Every partner should prepare the true account of the firm for other partners. 4. Use of Powers: Within Limit It is the duty of the partner that he should use his powers within the limits, delegated by the firm.
  • 29 | P a g e 5. Use of Property: It is the duty of a partner that he must not use the property of the firm for his personal interest or benefit. 6. Provide all Information: It is the duty of the partner that he must provide all the necessary information about the business to other partners. 7. Profit should be paid to the Firms: If a partner earns profit through any source of the firm. It should be paid to the management of the firm. 8. Distribution of Loss: In the absence of agreement, each partner should pay the loss equally. 9. Compensation of Loss: If a partner commits a fraud with his co-partners, he must compensate the loss. 10. To be Sincere and Careful: Every partner must be sincere, careful and faithful to other partners. He should discharge his duties very fairly. 11. To Maintain the Secrecy of the Firm: It is the duty of a partner that he should maintain the secrecy of the business from outsiders. 12. To Abide by the Decisions: A partner should abide by the decisions made by the majority of the partners. 13. Not to Enter into a Private Agreement: A partner must not enter into private agreement with a customer of the firm. If he does so, it is his duty to share his profit with his co-partners. 14. Not to Use the Firm's Name: A partner is not allowed to use the firm's name and property for the satisfaction of his personal need. If he does so and gets profit out of it, he must share it with his co-partner.
  • 30 | P a g e LIABILITIES OF PARTNERS: Generally, the liability of a partner is unlimited. Thus, each partner is liable not only to the extent of his share in partnership, but his personal property is also used up to clear the debts unless the proves that his liability is limited to the extent of his share in the assets of the firm. According to section 13 (c) of Partnership Act, 1932, subject to contract between the partners, the liabilities of a partner are as follows: 1. Joint liabilities of Partners for all Debts: Every partner is liable, jointly with all other partners for all acts and debts of the firm. 2. Liability of New Partner: A new partner is liable for all the acts of a firm, which are performed after he becomes partner. 3. Liability of Retired Partner: A retired partner is not responsible for any act of the firm after the date of his retirement. 4. Liability of Deceased Partner: If a partner dies and the firm suffers losses, then the property of the deceased partner cannot be held liable for any payment. 5. Liability of an Expelled Partner: An expelled partner is not liable to suffer the losses and pay the debts of the firm, which arise after his expulsion from the firm. 6. Liability of Fraud: If any partner commits a fraud, then partners are also equally liable with him, for it. 7. Liability of Insolvent Partner: The firm is not liable for any transaction of the insolvent partner, after the date of his insolvency is declared by the court. 8. Liability due to Willful Negligence: A partner is liable to make good the losses, arising due to his willful negligence. 9. Share in Loss: In case of loss, all the partners will have to bear the loss equally.
  • 31 | P a g e 10. No Private use of Property: A partner cannot use the property of the firm or its goodwill for his private gains. If he does so, he is liable to surrender the profits, so earned, to the firm. DISSOLUTION OF FIRM: According to Section 39 of Partnership Act, 1932: "The dissolution of partnership among all the partners of firm is called dissolution of firm." Explanation it means that dissolution of firm includes the dissolution of partnership. But when partnerships dissolved, firm may or may not be dissolved; because business may be conducted by the surviving partners on the retirement, death or insolvency of any partner. MODES OF DISSOLUTION OF FIRM: According to partnership Act, 1932, the dissolution of firm may take place through following ways: 1. Dissolution by Agreement 2. Dissolution by Notice 3. Compulsory Dissolution 4. Contingent Dissolution 5. Dissolution by Court DISSOLUTION BY AGREEMENT: A firm may be dissolved with the consent of all the partners or in accordance with the contract made between the partners. DISSOLUTION BY NOTICE: In case of partnership at will, the firm may be dissolved by any partner, serving a notice in writing, of 14 days, to all the other partners of his intention to dissolve the firm. The firm is dissolved as from the date mentioned in the notice.
  • 32 | P a g e COMPULSORY DISSOLUTION: Following are the causes of compulsory dissolution of firm: 1. Insolvency: Insolvency of all the partners or any one partner may become the cause of compulsory dissolution. 2. Unlawful Business: The firm is dissolved if its business becomes unlawful. CONTINGENT DISSOLUTION: A partnership firm may be dissolved due to the following reasons: 1. Expiry of Period: If a firm is established for a fixed period, then it will be dissolved after the expiry of period. 2. Completion of Particular Venture: A firm may be dissolved after the completion of particular venture, for which it is formed. 3. Death of a Partner: A partnership firm may also dissolve with the death of a partner. 4. Insolvency: Insolvency of a partner also serves as a notice for dissolution of firm. DISSOLUTION BY COURT: The court may dissolve a firm due to the following reasons: 1. Case of Unsound Mind: A partnership firm may be dissolved by the order of court, if any partner becomes of unsound mind. 2. Case of Incapable Partner: A partnership firm may be dissolved by the order of court if any partner permanently becomes incapable of performing his duties. 3. Case of Misconduct: A partnership firm may be dissolved if a partner is found guilty of misconduct in affairs of business. 4. Transfer of Interest: A partnership firm may be dissolved if any partner transfers his share of interest to other persons, without the consent of existing partners.
  • 33 | P a g e 5. Breach of Agreement: A partnership firm may be dissolved if any partner commits a breach of agreement. 6. Assurance of Loss: Court may dissolve a partnership firm if the business of that firm is suffering from continuous loss. 7. Others Reasons: The court has the right to accept or reject the application of dissolution. The just and equitable reason is determined by the court.
  • 34 | P a g e CONCLUSION Avicon aviation started their business in Pakistan 1995. Avicon is a UK-based Business and Management Consultancy, with primary focus on the Aerospace Industry and complex infrastructure projects. The firm had 4 partners. Profit and loss (if any) is shared equally among all partners as mentioned in the partnership agreement. Annual accounts were closed at the end of every financial year. The partner's mutual consent and agreement was involved in the making of deed's clauses. From our study we came to know that all the documents which were required from the day of registration was done according to partnership law 1932 of Pakistan and with the mutual agreement of the partners. All partners can enjoy their partnership firm and share profit and loss till partners jointly decide to wind up the company. If partners decide to wind up the business due to any reason the following legal constraint take place as mentioned above. Throughout our visit MR.Hasnain (Relation Manager) was very kind and cooperative we truly thank him for his kindness and support because without his support we may not be able to present this report.
  • 35 | P a g e RECOMMADATION From the above-mentioned findings, we come to this point that despite the above disadvantages, partnership is an important from of business organization. This is because its formation is very easy and due to unlimited liabilities, partners take great interest in business, because in case of loss they are personally responsible. And we hope that by continuously working hard and serving more customer efficiently the company can grow further and will be able to capture large share in the market. BIBLOGRAPHY The introductory part has been taken from introduction to business law,http://www.zeepedia.com/read.php?partnership_and_its_characteristics_advan tages_and_disadvantages_of_partnership_introduction_to_business&b=46&c=5 http://www.aviconaviation.com/